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CR.MA/667/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 667 of 2011
In
CRIMINAL
APPEAL No. 1231 of 2010
=========================================================
ANWARHUSSAIN
GULAMKADAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 21/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Rule.
Mr. RC Kodekar, learned Addl. Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. The
applicant – convict prisoner, who, by judgment and order dated
20.11.2009 rendered in Sessions Case No.105 of 2008 by the learned
Additional Sessions Judge,
Fast Track Court No.1, Ahmedabad, has been convicted
for the offence punishable under Section 363 etc. of the Indian
Penal Code and sentenced RI for 10 years, has filed this application
through jail authority, praying to enlarge him on temporary bail for
a period of 30 days, to enable him to get medical treatment from the
doctor of his choice for the purpose of cataract surgery of his
right eye.
4. We
have heard Mr. RC Kodekar, learned APP for the respondent –
State of Gujarat and perused the certificate dated 15.1.2011 issued
by the Medical Officer, Central Jail Dispensary, Ahmedabad so also
the jail remark sheet.
5. Upon
perusal of the certificate dated 15.1.2011 issued by the Medical
Officer, Central Jail Dispensary, Ahmedabad, we have noticed that
the applicant is suffering from cataract of his right eye and
therefore, he was referred to Civil Hospital, Ahmedabad for further
treatment. It is true that the applicant is advised cataract
surgery of his right eye and for that, he was to be sent to Civil
Hospital on 18.1.2011. Therefore, the surgery of the cataract is
very much available in Civil Hospital. In view of this, we are not
inclined to grant temporary bail in favour of the applicant.
6. For
foregoing reasons, the application fails and it is accordingly
rejected. Rule is discharged.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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